5.  The applicant was born in 1976 and lives in Gliwice, Poland.
6.  On 17 January 2000 the applicant was arrested by the police. On 18 January 2000 he was remanded in custody by the Katowice District Court (Sąd Rejonowy) on charges of burglary. The applicant appealed against this decision but his appeal was dismissed on 4 February 2000 by the Katowice Regional Court (Sąd Okręgowy).
7.  On 14 September 2000 the prosecution service closed the investigation in the applicant’s case and lodged a bill of indictment against the applicant with the Katowice Regional Court.
8.  On 15 January 2001 the Katowice Regional Court extended the applicant’s detention until 15 May 2001. The court considered that it was probable that the applicant had committed the crimes with which he was charged. It also referred to the fact that the case involved twelve accused and thirty-four witnesses. Moreover, the crimes allegedly committed by the applicant carried a heavy sentence and there existed a risk of collusion. Finally, the court was of the view that the applicant’s case did not disclose any of the grounds for release from pre-trial detention listed in Article 259 of the Code of Criminal Procedure.
9.  On 15 January 2001 the Katowice Regional Court decided that some of the charges laid against the applicant would be considered in separate proceedings before the Sosnowiec District Court. However, on 21 February 2001 the Katowice Court of Appeal (Sąd Apelacyjny) quashed that decision. The appellate court admitted that the number of charges and accused made the applicant’s case difficult. At the same time, it pointed out that the trial court had failed to schedule the date of the first hearing despite the fact that five months had passed since the bill of indictment had been lodged with the trial court. The court also stated:
“One cannot agree with the Regional Court’ findings that... and that the accused upon release would impede the efficiency of the proceedings.
It should be noted that the last of the matters invoked [above] is an arbitrary and unsubstantiated suggestion of the Regional Court in a situation when the trial had not yet begun.”
10.  On 14 May 2001 the Katowice Regional Court extended the applicant’s detention until 15 October 2001. The court considered that the evidence collected in the case sufficiently supported the charges laid against the applicant. Moreover, since the applicant’s case had been joined with the case of M.K. it involved twelve accused and thirty-four witnesses. The proceedings in such a case required longer time. The court was not responsible for the fact that it had not begun the consideration of the merits of the case as this delay had been caused by the absence of some of the accused and their counsel at the hearings and the lack of police officers to escort the detained accused to the court. The Regional Court further referred to the gravity of the charges laid against the applicant and the fact that they carried a heavy sentence. It considered that the applicant’s case did not disclose any of the grounds for release from pre‑trial detention listed in Article 259 of the Code of Criminal Procedure and that the applicant could go into hiding or interfere with the proceedings. The risk of the latter was particularly strong since the accused had not pleaded guilty.
11.  The applicant made a fresh application for release from pre‑trial detention but it was dismissed on 25 June 2001 by the Katowice Regional Court. The court considered that the evidence collected in the case made it probable that the applicant had committed the crimes with which he was charged.
12.  On 8 October 2001 the Katowice Regional Court extended the applicant’s detention until 17 January 2002. The court considered that the evidence collected in the case made it probable that the applicant had committed the crimes with which he was charged. The trial court had held so far eight hearings. The court further referred to the gravity of the crimes allegedly committed by the applicant and the fact that they carried a heavy sentence. There was also a risk of collusion. In the court’s view the applicant’s case did not disclose any of the grounds for release from pre‑trial detention listed in Article 259 of the Code of Criminal Procedure. The court concluded that the applicant’s detention “was necessary in order to secure the proper conduct of the proceedings”.
13.  The applicant appealed against the Katowice Regional Court’s decision to extend his detention but his appeal was dismissed on 30 October 2001 by the Katowice Court of Appeal.
14.  On 28 December 2001 the Katowice Regional Court made a request under Article 263 § 4 of the Code of Criminal Procedure in which it asked the Katowice Court of Appeal to extend the applicant’s detention beyond 17 December 2002, when the second year of his detention would end.
15.  On 9 January 2002 the Katowice Court of Appeal allowed the Regional Court’s request and extended the applicant’s detention until 15 June 2002. The appellate court considered that the evidence collected in the case made it probable that the applicant had committed the crimes with which he was charged. The grounds for his detention listed in Article 258 §§ 1 and 2 of the Code of Criminal Procedure and given in previous decisions continued to exist. In this connection, the court stated that it was not necessary to repeat the grounds for detention given in the previous decisions. Moreover, the appellate court agreed with the Regional Court’s submission that the failure to attend hearings by some of the accused and their counsel and the illness of the accused and the judge made it impossible to conclude the proceedings. The Court of Appeal further pointed out that the case was complicated. At the same time, it observed that so far only two accused had been heard and that the trial court had not started to take evidence from the witnesses. The appellate court instructed the trial court to act in the case with due diligence so that the proceedings would end before 15 June 2002.
16.  On 20 February 2002 the Katowice Court of Appeal, sitting in a different composition, dismissed the applicant’s appeal against the Katowice Court of Appeal’s decision of 9 January 2002 to prolong his pre‑trial detention. The court gave the following reasons:
“The Court of Appeal showed that there existed grounds listed in Article 249 § 1 and Article 258 §§ 1 and 2 of the Code of Criminal Procedure. They have already been described on numerous occasions and it is obvious that they continue to exist. One should only point out that at the present stage of the proceedings the court is not authorised to assess the evidence collected in the case, including an assessment of the truthfulness of the allegations made by the co-accused, as this can be done only at the time of the delivery of the judgment. In order to apply the preventive measures, including the pre-trial detention, the assessment of the evidence under Article 249 § 1 of the Code of Criminal Procedure is limited to verifying whether the collected evidence shows a significant probability that the accused had committed the crime. [Therefore] the allegations of the co-accused fulfil this requirement.”
17.  On 11 March 2002 the Katowice Regional Court dismissed an application for release from detention lodged by the applicant in January 2002. The court referred to the medical opinion of 24 January 2002 and to the background check carried out on 14 February 2002. It pointed out that the medical opinion stated that the applicant could be treated in the Detention Centre. The applicant’s fiancée was in a difficult situation and required hospitalisation. However, the court considered that the applicant’s case did not disclose any of the grounds for release from detention listed in Article 259 of the Code of the Criminal Procedure. In addition, the court pointed out that the evidence collected in the case showed that there existed a significant probability that the applicant had committed the crimes with which he was charged.
18.  On 20 May 2002 the Katowice Regional Court made a request under Article 263 § 4 of the Code of Criminal Procedure in which it asked the Katowice Court of Appeal to extend the applicant’s detention until 1 October 2002.
19.  On 29 May 2002 the Katowice Court of Appeal allowed the request submitted by the Regional Court and extended the applicant’s detention until 1 October 2002. The appellate court repeated the grounds for prolonging his detention given in its previous decision of 9 January 2002.
20.  Subsequently, the applicant applied for bail but his application was dismissed on 10 June 2002 by the Katowice Regional Court. The court gave the following reasons for its decision:
“Contrary to the applicant’s claims, the grounds for his detention still exist. There is still a flight risk and [the applicant] is charged with a commission of an act which carries a heavy prison sentence. The reasons for release from detention given by the applicant cannot justify his release from pre-trial detention under Article 259 of the Code of Criminal Procedure. Therefore, considering that detention is necessary to secure the proper conduct of the proceedings, it was decided as in the operative part.”
21.  The applicant appealed against this decision but his appeal was dismissed on 24 July 2002 by the Katowice Court of Appeal.
22.  On 16 September 2002 the Katowice Regional Court made a request under Article 263 § 4 of the Code of Criminal Procedure in which it asked the Katowice Court of Appeal to extend the applicant’s detention until 4 November 2002.
23.  On 25 September 2002 the Katowice Court of Appeal allowed the request submitted by the Regional Court and extended the applicant’s detention until 4 November 2002. The appellate court referred to the grounds for detention given in the previous decisions dismissing applications for release and extending the applicant’s detention. It considered that the trial court’s inability to conduct the proceedings speedily had resulted from circumstances for which the trial court was not responsible. In addition, it was still necessary to take evidence from witnesses held in different prisons and an expert witness. In conclusion, the Court of Appeal referred to Article 264 § 4 of the Code of Criminal Procedure and stated that the case was very complicated and required the further taking of evidence.
24.  On 30 October 2002 the Katowice Court of Appeal allowed another request made by the Katowice Regional Court and extended the applicant’s pre-trial detention until 20 December 2002. It considered that the evidence collected in the case made it probable that the applicant had committed the crimes with which he was charged. He could receive a heavy prison sentence and his case did not disclose any of the grounds for release from detention listed in Article 259 § 1 of the Code of Criminal Procedure. Finally, the proceedings did not disclose any delay which could be attributed to the trial court.
25.  On 10 December 2002 the Katowice Regional Court convicted the applicant and sentenced him to eight years and six months’ imprisonment. On the same day it prolonged the applicant’s detention until 20 March 2003.
26.  The applicant and the prosecution service lodged an appeal against the judgment.
27.  Subsequently, the Katowice Regional Court extended the applicant’s detention on several occasions.
28.  During the hearing held on 23 October 2003 the Katowice Court of Appeal delivered a judgment in which it upheld the applicant’s conviction and sentence.
29.  On 29 March 2004 the President of the Katowice Court of Appeal appointed for the applicant a lawyer with the purpose of lodging on his behalf a cassation appeal with the Supreme Court (Sąd Najwyższy). The applicant lodged a cassation appeal.
30.  On 13 October 2004 the Supreme Court dismissed his cassation appeal as manifestly ill-founded.
31.  On 12 March 2002 the Court received the applicant’s letter of 25 February 2002 mailed on 27 February 2002. The envelope in which the letter was delivered bears the following stamps: “254 Received on 25.02.02” (254 Wpłynęło dnia 25.02.02) and “Censored, signature” (Ocenzurowano, podpis), and an illegible signature. There was also a handwritten note: R[egional] C[ourt], K[atowi]ce (SO K-ce). One side of the envelope was opened and sealed with sellotape.